The food delivery app, Postmates, is an extremely popular service in all 50 states due to their ability to deliver food from over 600,000 restaurants and supermarkets. The company currently has around 500,000 drivers, who must follow the company’s rules on safe and professional conduct. This includes safe driving practices to ensure that they do not cause an accident during the course of a delivery.
However, there are many cases of drivers who are wrongfully deactivated, even though they were not at fault for the accident. Even worse, Postmates does not have a system for appeals on their platform, making it difficult for drivers to plead their case. Considering Postmates has a reputation for evading questions on why a driver is deactivated, it‘s no wonder that there are so many complaints of wrongful termination among Postmates drivers.
If you are one of these drivers, you may be able to take legal action in the form of a wrongful termination lawsuit. But there are strict guidelines that must be met in order to file a lawsuit, which our attorneys can go over with you. To learn about your rights and legal options, contact our office and schedule a free consultation.
Why is my Postmates Account Suspended?
Even if you’re certain that an accident is the reason for your account deactivation, you should examine all the possible reasons that can get you suspended on Postmates. There are various violations that can result in deactivation, but the most common ones are as follows:
- Too many incomplete deliveries.
- Too many deliveries to the wrong address.
- A completion rate that falls below 80% on all accepted orders.
- Customer complaints of harassing or threatening behavior.
- Fraudulent use of the company’s referrals or promotions programs.
- Trying to access the app through another ID, or letting someone else drive for Postmates under your account.
- Reports of careless or reckless conduct, including unsafe driving that could cause an accident.
We agree that accidents must be thoroughly investigated, and if the driver is at fault, they should be terminated right away. However, it’s unacceptable for drivers to be automatically blamed for an accident and banned from the platform without a chance to appeal the decision. If this is how you’ve been treated by Postmates after an accident, our lawyers can help you take legal action against the company. To learn about the options that are available to you, give us a call and speak to a wrongful termination attorney.
How can I Reactivate my Postmates Account?
Unlike other food delivery apps, it can be incredibly frustrating to get reinstated once your account is deactivated on Postmates. This is due to their lack of an appeals system, like having an online form that can be submitted by a driver, and a team devoted to reviewing appeals applications. Additionally, there is no warning system to alert you prior to your account being deactivated. What normally happens is that you will receive an email saying that you’ve been deactivated for violating Postmates’ terms of service. To find out what rule you violated, you have to call the Fleet support line at 888-815-7726. Unfortunately, many of these agents are not helpful, and will simply repeat the overly vague language from the deactivation email.
So what can you do if you were wrongfully deactivated by Postmates following an accident?
Can I Sue if I was Deactivated from Postmates after an Accident?
You may be able to file a lawsuit against Postmates if you can show proof that you are not responsible for the accident. While this may seem obvious to you, proving it at the level that’s needed for a lawsuit can be very difficult. This is not something you should attempt without an attorney that is experienced in car accident investigations. Various types of evidence, such as witness statements, dash cam footage, and expert testimony may be needed to support your claim.
The attorneys of DTLA Law Group have many years of experience with car accident claims and know what it takes to build a strong case. However, there are other legal issues that we may explore based on the details of your relationship with Postmates. Specifically, we are referring to workplace discrimination, which may be the real reason that you were terminated by Postmates.
What Qualifies as Workplace Discrimination?
Workplace discrimination is any form of unfair treatment that an employee is subjected to, based on characteristics like age, race, and gender. In most of these cases, the worker will file a complaint with Human Resources, which can result in retaliation by the employer. Common forms of retaliation include pay cuts, demotions, and wrongful termination. All workers are protected from these practices, even independent contractors working for food delivery apps.
To determine if you are a victim of workplace discrimination, you will need to show that the treatment you are receiving is based on one of the following protected categories:
- Sexual orientation
- Gender identity
- Need for breastfeeding accommodations
- Country of origin
- Status as a crime victim
- Veteran status
- HIV / AIDS status
Though discrimination is at the heart of many wrongful termination cases, Postmates may retaliate against a driver for other reasons. For example, a driver may have filed a complaint with a regulatory agency if they became aware of illegal or unsafe work practices by Postmates. Or, the worker may have provided testimony or evidence to help out another driver that is suing Postmates for unfair work practices.
Understandably, Postmates would not be happy with such actions, but they cannot retaliate against you for doing the right thing. If your driver account was deactivated due to retaliation, our California labor law attorneys would like to speak with you. They can advise you of your rights and fight for the compensation you deserve from a wrongful termination lawsuit against Postmates.
How do I File a Lawsuit against Postmates?
The legal process involved in filing a lawsuit against Postmates will depend on the root cause of why you were terminated. Was your account deactivated due to the company’s insistence that the accident was your fault? Is the accident an excuse to terminate your contract as payback for another incident? These are complex legal issues that you will need to discuss with an experienced attorney. In particular, you should look for a law firm that specializes in both car accident cases and wrongful termination lawsuits. Here at DTLA, we have lawyers that are experienced in handing both types of claims. We will investigate all the issues that are relevant to your case and ensure that you are fairly compensated for your losses.
Contact DTLA Law Group
It’s hard to dispute the benefits of food delivery apps, which have provided millions of jobs for delivery workers all over the world. But these companies are also known for exploiting their workers, mainly due to their status as independent contractors rather than employees. For many years, these companies got away with deactivating a driver’s account and not providing any explanation for why their contract was terminated. Laws are currently in place to protect Postmates workers, but there’s no denying that wrongful deactivations are an ongoing problem
If you have been wrongfully terminated by Postmates after an accident that was not your fault, please contact our office without delay. If you are concerned about the costs of hiring an attorney, let us put your mind at ease with our Zero fee guarantee. Under this policy, there is no cost to you for any our services. We only get paid if we recover your settlement award, and if we don’t win, you owe us absolutely nothing.
If you’re ready to explore your legal options as a wrongfully deactivated Postmates driver, contact DTLA and schedule a free case evaluation.